Statutory Rules 1987 No. 941
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Sugar Cane Levy Collection Regulations
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Sugar Cane Levy Collection Act 1987.
Dated 29 May 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
JOHN KERIN
Minister of State for Primary Industry
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Citation
1. These Regulations may be cited as the Sugar Cane Levy Collection Regulations.
Interpretation
2. In these Regulations, unless the contrary intention appears:
“authorised agent” means a person appointed under regulation S to be an authorised agent;
“Secretary” means the Secretary of the Department of Primary Industry;
“the Act” means the Sugar Cane Levy Collection Act 1987
Manner of payment of levy
3. The payment of levy and other moneys payable to the Commonwealth under the Act shall be made to the Collector of Public Moneys at the office of the Department in Canberra.
Returns
4. (1) A miller of accepted sugar cane shall, in respect of sugar cane accepted during a month for processing at a particular sugar mill of which he or she is the proprietor, furnish to the Secretary a return containing the prescribed particulars.
(2) In this regulation, “prescribed particulars” means:
(a) the full name of the miller;
(b) the address of the sugar mill;
(c) the month to which the return relates;
(d) the quantity of sugar cane accepted for processing in that month at that sugar mill; and
(e) the amount of levy payable on that sugar cane.
(3) A return under this regulation shall contain a declaration, signed:
(a) by the miller or by his or her authorised agent; or
(b) where the miller furnishing the return is a company, co-operative society or authority—by a director, secretary, or authorised agent of the company, co-operative society or authority;
stating that the information furnished in the return is true and correct.
Authorised agent
5. (1) A person who is required to furnish a return under regulation 4 may, by instrument signed by that person, appoint a person to be his or her agent for the purpose of signing the declaration contained in that return.
(2) An instrument referred to in subregulation (1):
(a) shall be in accordance with Form 1; and
(b) shall be lodged with the Secretary.
Lodgment of returns
6. A return referred to in regulation 4 shall be furnished to the Secretary by lodging it at the office of the Department in Canberra not later than 28 days after the last day of the month to which the return relates.
Records to be kept
7. (1) A miller of accepted sugar cane shall keep, or cause to be kept, proper records showing in respect of sugar cane accepted by the miller from each grower from whom a quantity of sugar cane was accepted:
(a) the amount of sugar cane accepted from that grower in each month;
(b) any amount deducted, pursuant to subsection 6 (2) of the Act, from moneys payable by the miller for that sugar cane; and
(c) the amount of levy payable on that sugar cane.
(2) Records referred to in subregulation (1) shall be retained by a miller for a period of 3 years commencing on the date by which that miller is required to furnish a return under regulation 4 in respect of that sugar cane.
Penalty: $500.
Form of warrant
8. A warrant granted under section 11 of the Act may be in accordance with Form 2.
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SCHEDULE
FORMS
FORM 1 Regulation 5
COMMONWEALTH OF AUSTRALIA
SUGAR CANE LEVY COLLECTION REGULATIONS
APPOINTMENT OF AUTHORISED AGENT UNDER REGULATION 5
To the Secretary of the Department of (name of the Department): I (full name and address of signatory and, where the person required to furnish the return is not a natural person, the designation of the signatory)
*acting for and on behalf of (name of company, co-operative society or authority), hereby appoint (full name, address and occupation of authorised agent), a specimen of whose signature appears below, to be *my authorised agent/*the authorised agent of (name of company, co-operative society or authority) for the purpose of signing the declaration contained in any return prepared for the purposes of regulation 5 of the Sugar Cane Levy Collection Regulations.
Dated 19 .
………………………………..
(Signature)
Dated 19 .
.........................................................
(Signature of authorised agent)
*Strike out if inapplicable
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FORM 2 Regulation 8
COMMONWEALTH OF AUSTRALIA
Sugar Cane Levy Collection Act 1987
WARRANT UNDER SECTION 11
To:
(full name), an authorised person for the purposes of section 11 of the Sugar Cane Levy Collection Act 1987.
I, (full name), a Justice of the Peace, being satisfied, by information on oath (or affirmation) on an application by you under subsection 11 (2) of that Act in relation to premises at.......................................:
(a) that there is a reasonable ground for believing that:
* those premises are a sugar mill
* there are on those premises documents relating to financial dealings between persons who grow or deliver sugar cane and persons to whom sugar cane is delivered
* there are on those premises documents relating to financial dealings between persons who grow or deliver sugar cane and persons who accept sugar cane for processing
SCHEDULE—continued
* there are on those premises documents relating to the production, carriage, delivery, processing, purchase, storage or sale of sugar cane or the production or storage of raw sugar; and
(b) that the issue of a warrant under subsection 11 (3) of that Act in relation to those premises is reasonably required for the purposes of that Act,
I HEREBY AUTHORISE you, with such assistance as is reasonable and you think necessary, to enter the premises at , during the hours of (or at any time), using such force as is necessary and reasonable, for the purpose of exercising the powers of an authorised person under section 11 of the Sugar Cane Levy Collection Act 1987.
THIS WARRANT shall cease to have effect on (insert date).
Dated 19 .
Justice of the Peace
*Strike out if inapplicable
NOTE
1. Notified in the Commonwealth of Australia Gazette on 29 May 1987.